Common Carrier (defined Art 1732)

they are vessels licensed to engaged in interisland (within the

Philippines) trade.
---it should not apply to those who are not acting as such---
(private carrier requires !"# ordinary diligence)
should o$serve %&'(A()*!A(# )*"*+%!,% in the vigilance
over the goods and the safety for the passengers. 'hey are
i-pressed with a special public duty (Article 1733).
---they are not the only ones that are su$.ect to e/traordinary
lia$ility. %-ployers -ust pay co-pensation for in.uries to
wor0-en even if though a fortuitous event.---
they are held lia$le for the flaws of its equip-ent if such
defects and such cannot $e considered a caso fortuito (An event
which cannot $e foreseen or1 although can $e foreseen1 is
unavoida$le).
VIGILANCE OVER GOODS
General Rule: Common Carrier are responsible for the loss,
deterioration or destruction of goods.
Exemption: If such cases is... (EXC!"I#E$.
%. &lood, storm , earth'ua(e, lighting, or the other )*+!R*
,I"*+ER or C**-I+..
(1732)---(equisites for !atural )isaster3,ala-ity---
1. it -ust have $een the pro/i-ate cause of the loss
2. it -ust have $een the only cause of the loss
3. the co--on carrier1 -ust e/ercise due diligence to
prevent or -ini-i4e the loss before, during or after the
occurrence of the disaster
5. the co--on carrier1 has not negligently incurred delay
in transporting goods.
/. *C+" 0& 1!2IC E)E-. in 3ar, 3hether international or ci4il.
(1732)---(equisites for Acts of Pu$lic %ne-y---
1. it -ust have $een the appro/i-ate cause of the loss
2. it -ust have $een the only cause of the loss
3. the co--on carrier1 -ust have e/ercised due diligence
to prevent or -ini-i4e the loss before, during or after
the act of pu$lic ene-y in war
)ue diligence 6 required $y the nature of the o$ligation and corresponds with the
circu-stances of the persons1 of the ti-e and of the place.
5. *cts or omission of the shipper or o3ner of the goods.
(1751)---(equisites for Acts or o-ission of shipper---
1. the acts or o-ission of he shipper or owner of the goods
-ust have $een the pro/i-ate cause of the loss
2. it -ust have $een the only cause of the loss.
6. +he character of the goods or defects in the pac(ing or in the
containers.
(1752) ---(equisites for ,haracter of goods1 or fault in pac0ing
or containers---
1. the loss1 deterioration or destruction of the goods was
caused $y the character of the goods or the faulty
nature of the pac0ing or of the containers
2. the co--on carrier1 had e/ercised due diligence to
forestall or lessen the loss.
7hipper or owner -erely contri$uted to the loss..-co--on carrier is a contri$utory
negligence1such da-ages shall $e equita$ly reduced.
7. 0rder or *ct of competent 1ublic *uthority
'he sei4ure or destruction of the good $y the order of pu$lic
authority does not ipso facto ($y the fact) e/e-pt the co--on
carrier fro- the responsi$ility.
(1753)--- 'he co--on carrier1 should prove that the pu$lic
authority had the power to issue the order---
0ther than those mentioned (*rticle %857$
if the good are lost1 destroyed or deteriorated co--on carriers
are presu-ed to have $een fault or to have negligently.
!)E"", they 1R0#E +9*+ +9E. 02"ER#E, EX+R*0R,I)*R.
,IIGE)CE re'uired in *rt. %855
Duration of Responsibility of Common Carriers in GOODS.
(Art.1738) Extraordinary Responsibility of te !ommon
!arrier LASTS fro- the ti-e the goods are unconditionally place
in the possession of1 A!) received $y the carrier for
transportation 9!'*" the sa-e are delivered actually or
constructi4ely $y the carrier to the consignee or to the person
who has the right to receive the-.
---:itigation of responsi$ility of carrier $y e/press stipulation is
valid1 if such is not contrary to -orals or pu$lic policy---
---7eller is not responsi$le for -is-delivery $y the carrier where
the carrier was chosen and authori4ed $y the $uyer---
(Art.1737) *t re-ains in full force and effect when they are
te-porarily unloaded or stored in transit (it is another point
$efore the point of its destination).
"NLESS the shipper or owner has -ade use of the right of
stoppage in transitu (e/. when the $uyer is insolvent1 the unpaid
seller who has parted with the possession of the goods has the
right of stoppage the- in transitu1 that is to say1 he -ay resu-e
possession of the goods at any ti-e while they are in transit1 and
he will $eco-e entitled to the sa-e rights in regard to the goods
as he would have had if he had never parted with the possession)
(Art.173;) *t continues to $e operative even during the ti-e the
goods are stored in a warehouse of the carrier at the place of
destination until the consignee has $een advised of the arrival of
the goods and has had responsi$le opportunity thereafter to
re-ove the- or otherwise dispose of the-.
---Arrastre is not su$.ect to -ariti-e law although they -ay $e
have the sa-e responsi$ility3functions of the warehouse-an or
depositary---
Art.1755
Stipulation limitin# te liability of te Common Carrier is
VALID$ provided it $e< (necessary)
1. in writing1 signed $y the shipper or owner=
2. supported $y a valua$le consideration (referring to the
price3change of price3freights of the goods) other than
the service rendered $y the co--on carrier= and
3. reasona$le1 .ust and not contrary to pu$lic policy
---oral stipulation is not valid---
Art.175> VOID stipulations
Art.1758 *f co--on carrier refused to carry the goods1 such
agree-ent li-iting the co--on carriers lia$ility -ay $e annulled
$y the shipper or owner. 9nless1 the shipper or owner agrees to
such stipulations.
Annul-ent of the agree-ent li-iting the carriers lia$ility is necessary
Art.1757 ,ontract li-iting the co--on carriers lia$ility cannot $e
availed of1 if loss1 deterioration or destruction of the goods
without .ust cause1 delays the transportation of the goods or
changes the stipulated or usual route.
Annul-ent of agree-ent li-iting the carriers lia$ility is !' necessary.
Art.175; Agree-ent li-iting the lia$ility of the co--on carrier
for delay on account of stri0es or riot ? VALID
Art.1752 A stipulation that the co--on carrier@s lia$ility is li-ited
to the value of the goods appearing in the $ill of lading1 unless
the shipper or owner declares a greater value A!) pays a higher
rate of freight is VALID

said stipulation are valid and $inding although the shipper or owner of the goods did
not signed such stipulation.
Art.17>A 7tipulation regarding the fi/ed recovera$le a-ount of
the goods of the owner3shipper are loss1 deterioration or
destroyed ? VALID 1 if it is reasonable and :ust under the
circumstances, and has been fairly and freely agreed upon.
Bhen li-itations of carrier@s lia$ility clause printed on the $ac0 of tic0et is not $inding1
when such conditions are printed at the $ac0 of a tic0et su$ are in letters so s-all that
are hard to read 1 this would not warrant the presu-ption that the passenger was
aware of such stipulation.
Art.17>1 ,o--on carrier has no co-petitor along the lines or
route or a part thereof shall $e ta0en into consideration on the
question whether or not a stipulation li-iting the carriers lia$ility
is reasona$le1 .ust and in consonance with pu$lic policy.
Art.17>2 PRESUMPTION < ,o--on ,arrier is lia$le in case of
loss1 deterioration or destruction of the goods even when there is
an agree-ent li-iting the lia$ility.
Art.17>3 %e la& of te !ountry to &i! te #oods are to
be transported sall #o'ern the lia$ility of the co--on carrier
for their loss1 destruction or deterioration.
Philippine Port ' Coreign Port ? Coreign law apply
Coreign port ' Philippine Port ? Philippine law apply
;;;*dmiralty and -aritime *ctions;;;
<demands=claims more than 1/>,>>>.>> shall be under the
exclusi4e original :urisdiction of the Regional +rial Court
Art.17>5 Passengers $aggage which is not in his personal
custody or in that of his e-ployees ?1733 to 17>3 shall apply.
Passengers $aggage which is in his personal custody or in that of
his e-ployees?122; and 2AAA to 2AA3 shall apply this is
concerning the responsi$ility of hotel-0eepers.
SA(E%) O( %*E +ASSENGERS
Art.17>> A co--on carrier is $ound to carry the passengers
safely as far as hu-an care and foresight can provide1 using the
"%,OS%-E.%RAORDINAR) DILIGENCE O( VER) CA"%IO"S
+ERSONS1 with a due regard for all the circu-stances.
Dalso applica$le to -e-$ers of the crew or co-ple-ent of
carrier.
Accident caused $y defects of -otor vehicles 3$y defective $ra0es is not a caso fortuito
and therefore it is the co--on carriers lia$le.
Art.17>8
General Rule: In case of death of or in:uries to passengers,
Common Carriers are presumed to ha4e been at fault or to ha4e
acted negligently.
Exemption: Common carrier must pro4e that they obser4ed
extraordinary diligence as prescribed in *rt. %855 ? 4igilance
o4er goods and *rt %877 ? safety of the passengers.
In the absence of a satisfactory explanation by the carrier as to ho3 the accident
occurred, the presumption is it 3as a t fault.
Contributory negligence of the :eepney dri4er that causes the 4ehicle accident, ma(es
the dri4er and carrier liable.
A co--on carrier is vested with a pu$lic interest. nce a
passenger in the course of travel is in.ured or does not reach his
destination safely1 the carrier and driver are presu-ed to $e at
fault.
Principles governing the lia$ility of the co--on carrier1 as to
passengers<
1. lia$ility of a carrier is contractual and arises upon a
$reach of its o$ligation1 and there is $reach if it fails to
e/ercise e/traordinary diligence according to all the
circu-stances of each case
2. a carrier is o$liged to cary its passenger with the ut-ost
diligence of very cautious person1 having due regard for
all the circu-stances
3. a carrier is presu-ed to $e at fault or to have acted
negligently in case of death of1 or in.ury to passengers1
it $eing its duty to prove that it e/ercised e/traordinary
diligence
5. the carrier is not an insurer against all ris0 of travel
>. the carrier is not responsi$le events which could not $e
foreseen1 or which though foreseen are
inevita$le3unavoida$le (caso fortuito)
A carrier is e/cused fro- lia$ility if accident is due to fortuitous
event.
A carrier is lia$le for an in.ury resulting fro- a defect in an
appliance purchased fro- a -anufacturer. A -anufacturer is
considered as $eing the agent or se3rvant of the carrier. 'he
good refute of the -anufacturer will not relieve the carrier fro-
lia$ility.
'o constitute a caso fortuito the following -ust $e present<
1. the event -ust $e independent of the hu-an will
2. the occurrence -ust render it i-possi$le for the o$ligor
to fulfill his o$ligation in a nor-al -anner
3. the o$ligor -ust $e free of a concurrent or contri$utory
fault or negligence.
%ffect of negotiation for co-pro-ise indicate that the carrier is
really lia$le for da-ages.
Art.17>7 7uch responsi$ility under Art.1733 and Art.17>> for the
safety of the passengers cannot $e dispensed (waive) with or
lessened $y stipulation1 $y the posting of notices1 $y state-ent
on tic0ets1 or otherwise.
Art.17>;. Passenger that are carried GR*+!I+0!". (a
passenger who did not pay pay fare).
"i-iting the lia$ility for negligence ?VALID
"i-iting the lia$ility for willful acts or gross negligence ? VOID
Dreduction of fare does !' .ustify any li-itation of co--on
carriers lia$ility
Dsuch stipulation -ay $e -ade orally.
Art. 17>2. ,o--on ,arriers are lia$le for the death of1 or in.uries
to passengers through the negligence or willful acts of the
for-ers e-ployee1 although such e-ployees -ay have acted
$eyond the scope of their authority or in violation of the orders of
the co--on carrier.
'he lia$ility of the co--on carriers does not cease upon the
proof that they e/ercised all the DILIGENCE O( A GOOD
(A%*ER O( A (A,IL) in te sele!tion and super'ision of
teir employees.
---"ia$ility for intentional assault co--itted $y its e-ployees on
passenger<
ld ,ivil ,ode 6 co--on carrier is a$solved.
!ew ,ivil ,ode 6 co--on carrier is !' a$solved
Dthe assault -ust occurs within the course of the perfor-ance of
the the e-ployees duty. Eecause such carrier lia$ility secures the
passengers fro- assaults1 co--itted $y its own e-ployees.
---,arrier is lia$le to the heir of a passenger 0illed $y its driver.
Dsuch responsi$ility prescri$ed in the preceding article cannot $e
eli-inated or li-ited $y stipulation1 $y posting of notices1 $y
state-ents on the thic0ets or otherwise. (Art.178A)
Art.1781 +ASSENGER ,"S% O/SERVE %*E DILIGENCE O( A
GOOD (A%*ER O( A (A,IL) to avoid in.ury to hi-self.
---if the in.ury to the passenger has $een pro/i-ately caused $y
the own negligence1 the carrier cannot $e held lia$le.
Art.1782 C0)+RI2!+0R. )EGIGE)CE of the passengers
it does not $ar recovery da-ages for his death or in.uries
-if pro/i-ate cause is the negligence of the co--on carrier.
It only :ustifies reduction of damages
DEurden of proof that a shipper or passenger contri$uted
negligence :97' necessarily lie on the part of the carrier.
---it does not .ustify the e/e-ption fro- lia$ility of the co--on
carrier.
Art. 1783. *f the co--on carrier@s e-ployees through the
e/ercise of the diligence of a good father of a fa-ily (or ordinary
diligence) could have $een prevented or stopped the act or
o-ission1 the carrier is responsi$le for in.uries suffered $y a
passenger on account of the willful acts or negligence of the
passengers or strangers1 $ut if otherwise1 the carrier is e/e-pted
fro- any lia$ility.
,::! Provisions
Art.1785 DAMAGES
'ic0et issued to a passengers is co-plete contract.
*t has all the ele-ents of a co-plete contract<
consent; -anifested $y the fact that the passenger $oards the ship and
the shipper consents or accepts hi- in the ship for transportation=
cause or consideration 6 which is the fare paid $y the passengers as stated
in the tic0et= and
ob:ect 6 which is the transportation of the passengers fro- the place of
departure to the place of destination which are stated in the tic0et.
Prescriptive Period is 1A years to file a da-ages to the co--on
carrier.
7tipulations that actions should $e filed only in a particular province3city?
VOID. *t is contract of adhesion.
Actual or ,o-pensatory )a-ages- one is entitled to an adequate
co-pensation only for such pecuniary loss suffered $y hi- as he
has duly proved.
*n case of death1 how -easured<
+he amount of damages for death shall be at least 15,>>>1 even-
though there is a -itigating circu-stances.
1. 'he defendant shall $e lia$le for the loss of the earning
capacity of the deceased1 and the inde-nity shall $e
paid to the heirs of the latter.
/. *f the deceased was o$liged to give support according to
the provisions of art.22A(!,,).1 -ay de-and support
fro- the person causing the death1 for a period not
e/ceeding > years.
3. 'he spouse1 legiti-ate and illegiti-ate descendants and
ascendants of the deceased -ay de-and -oral
da-ages for -ental anguish $y reason of the death of
the deceased.
*'%:7 C )A:A+%7 (%,F%(%)<
1. An inde-nity for the death of the victi-
2. an inde-nity for the loss of earning capacity of the deceased
3. :oral )a-ages
5. %/e-plary )a-ages
>. Attorney@s fees and e/penses of litigation1 and
8. *nterest in proper case.
:oral )a-ages includes physical suffering1 -etal anguish1 fright1 serious an/iety1
$es-irched reputation1 wounded feelings1 -oral shoc01 social hu-iliation and si-ilar
in.ury. *t can also recovered if they are the pro/i-ate result of the defendant@s
wrongful act or o-ission. 'hey are to $e fi/ed in the discretion of the court ta0ing into
consideration certain factors1 such as educational1 social and financial standing of the
parties.
:oral da-ages are !' recovera$le in da-age actions predicated on a $reach of
contract of transportation.
%/ceptions< (1) where the -ishaps results in the death of the passengers=
(2) where it is proved that the carrier was guilty of fraud or $ad faith1 even
if death does not result.
Ead faith 6 it would $e $ad faith in the securing and in the e/ecution of the contract
and in the enforce-ent of its ter-1 or any other 0ind of deceit which -ay have $een
used $y the carrier.
%/e-plary3,orrective )a-ages are i-posed1 $y way of e/a-ple or correction for the
pu$lic good1 in addition to the -oral1 te-perate1 liquidated or co-pensatory da-ages.
'he plaintiff -ust show that he is entitled to -oral1 te-perate or co-pensatory
da-ages $efore the court -ay consider the question whether or not e/e-plary
da-ages should $e awarded. *t can $e granted if the carrier acted in a wanton1
fraudulent1 rec0less1 oppressive1 pr -alevolent -anner.
CODE O( CO,,ERCE
,o--ercial ,ontract for transportation overland or waterways.
Art.352
A contract of transportation overland or waterways of any 0ind
shall $e considered co--ercial<
1. when its o$.ect is -erchandise or any co--ercial
effects.
2. Bhen1 no -atter what its o$.ect -ay $e1 the carrier is a
-erchant or is ha$itually engaged in transportation for
the pu$lic.
'he rights and o$ligations of co--on carriers shall $e governed
$y the ,ode of ,o--erce and special laws1 in a suppletory
-anner.
A $ay and river license shall specify the particular port or other $ody of water in which
the vessel in question -ay engage in $usiness as aforesaid.
Fessels eligi$le for $ay and river license<
a vessel :97' $e $uilt in the Philippines and the ownership of such vessel -ust $e
vested in < a) citi4ens of the Philippines=
$) do-estic corporations or co-panies 7> per centu- of whose corporate
capital $elongs to citi4ens of the Philippines
!o $ay and river license required<
a) vessels of three tons net3loss
$) yachts1 launches or other crafts e/clusively for pleasure and recreation
c)ships $oat and launches $earing the na-e and ho-e port of the vessel plainly
-ar0ed thereon= and
d) vessels owned $y the +overn-ent of the Philippines.
%&%:P'*! will cease1 if it engages in the $usiness of transporting cargo or
passengers.
---,ontract of 'owage is !' a carriage of goods.
*C the $arge and its tug$oat $elong to the sa-e owner and the
$arge is used continuously in the $usiness of transporting
anothers goods1 then it is a carriage of goods.
Art. 3>A
Eill of "ading Gdocu-ent of title to goodsH
*t is an instru-ent in writing1 signed $y a carrier on his agent1
descri$ing1 the freight so as to identify it1 stating the na-e of
the consignor1 the ter-s of the contract for carriage1 and
agreeing or directing that the freight $e delivered to the order or
assigns of a specified person at a specified place.
2 fold characters of a $ill of lading<
1) it is a receipt specifying the quantity1 character and condition
of the goods received= and
2) it is also a contract1 $y which the carrier agrees to transport
the goods therein descri$ed to a place na-ed1 and there deliver
the- to a designated consignee upon the ter-s and conditions
specified in the instru-ent.
DDD*t operates $oth as a receipt and as a contract.
,harter of the entire vessel1 the $ill of lading issued $y the
-aster to the charterer1 as shipper1 is in fact and legal
conte-plation -erely a receipt and a docu-ent of title1 not a
contract1 for the contract is the charter party.
Negotiable bill of ladin# 6 a $ill of lading it is stated that the
goods referred to therein will $e delivered to the $earer or to the
order of any person na-es in such $ill.
Non-negotiable bill of ladin# 6 a $ill of lading in which it is
stated that the goods referred to therein will $e delivered to a
specified person na-ed in such $ill.
---%ffect when a clause not signed 1 printed in fine letters at $ac0
of lading1 does not $ind the shipper.---
---Eill of lading is not essential to contract of carriage1 it is a
.uridically a docu-entary proof of the stipulations and conditions
agreed upon $y $oth parties.---
Art. 3>1
it shall $e sufficient for the $ills of lading or the declaration of
ship-ents furnished $y shipper to -a0e reference to said
schedules and regulations1 the application of which is requested.
Art. 3>2 Eills of lading or tic0ets in the case of transportation of
passengers -ay diverse(various)1 one for person and another for
$aggage.
Passengers tic0et is a co-plete contract. 'he tic0et has all the
ele-ents of a co-plete contract1 na-ely1 consent, cause or
consideration, and ob:ect.
Art.3>3
Eill of lading- is the legal evidence of the contract $etween the
shipper and the carrier.
7tipulations in the $ill of lading li-iting carriers lia$ility got loss
of or da-age to cargo.
1
st
e/e-pting the carrier fro- any and all lia$ility for loss or
da-age occasioned $y its own negligence. (!o lia$ility
stipulation)
2
nd
providing for unqualified li-itation of such lia$ility to an
agreed valuation ("i-ited stipulation- it is not the $ill of lading
$ut the stipulation.)
3
rd
li-iting the lia$ility of the carrier to an agreed valuation
unless the shipper declare higher value and pays a higher rate of
freight.
---I1
st
and 2
nd
? F*)1 it is contrary to pu$lic policy
---I 3
rd
? FA"*) and enforcea$le.
+eneral (ule< 'he parties to a contract of ship-ent -ay agree on
a li-itation on ti-e shorter than the statutory period1 and such a
contractual li-itation will $e enforced if reasona$le.
Art.3>5
*n the a$sence of $ill of lading1 their respective clai-s shall $e
deter-ined $y legal proofs which each of the contracting parties
-ay present1 in confor-ity with the general provisions
esta$lished in this ,ode for co--ercial contracts.
Art.3>> Responsibility of te !arrier<
Eegins< fro- the -o-ent the -erchandise is received $y hi- (
$y another person entrusted hi- to do so1 in the place
indicated for reception.
'he duty of the carrier was to carry the- safely to their destination and to deliver the
transported articles in as good order and condition as when received1 and for failure to
do so1 the carrier is lia$le for the corresponding da-ages.
Art.3>8
,A((*%( -ay (%C97% to accept the pac0ages which -ay appear
unfit for transportation.
Eut if the ship-ent insisted1 the co-pany shall carry the-1 $eing
%&%:P' fro- all the responsi$ility if its o$.ection is stated in the
$ill of lading.
Art.3>7
9nfit goods transportation $eing e/a-ined $y the authorities...
it -ust $e with the presence of the shipper3consignee1
if none1 the e/a-ination shall $e -ade $efore a notary who shall
write the -e-orandu- .
*f it is to $e true1 unfit? lia$le repac0ing is the carrier
*f it fit? lia$le for repac0ing is the shipper.
Art.3>;
*f there is a stipulation as to the period of ti-e 1 the o$ligation of
the carrier is to deliver the goods within the said ti-e.
---Cailure to do so1 the da-ages caused $y the delay should $e
suffered $y the carrier.---
*n the a$sence of agree-ent1 the carrier is under o$ligation to
include the- in the first ship-ent of the sa-e or si-ilar 0ind of
goods.
Art.3>2
Agree-ent $etween the shipper and the carrier with regard to
the route where the transportation is to $e -ade.
'he carrier -ay not change the route1 unless $y reason of force
-a.eure.
*f he do so(change the route) without such cause1 he shall $e
lia$le for all da-ages which -ay $e suffered $y the goods
transported for any other cause whatsoever1 $esides paying the
a-ount which -ay have $een stipulated for such event.
Bhen said cause of force -a.eure--- the carrier is o$liged to ta0e
another route1 producing an increase1 in the transportation
charges1 the a-ount of such increase1 after presenting for-al
proof thereof1 shall $e rei-$ursa$le to hi-(carrier).
*C ! A+(%%:%!' C (9'%- the carrier -ust select which -ay
$e the shortest1 least e/pensive and practically passa$le.
Art.38A 'he e/change of consign-ent(goods to $e delivered to)
'he shipper -ay1 without altering the place where the delivery
-ust $e -ade1 change the consign-ent of the good which he
delivered to the carrier1 and the latter shall co-ply with his order.
Provided that at the ti-e of -a0ing the change of the consignee
the $ill of lading1 su$scri$ed $y the carrier $e returned to hi-1 if
one were issued1 e/changing it for another containing the
novation of the contract.
'he e/penses arising fro- this change of consign-ent shall $e
paid $y the shipper.
Gstoppage in transituH
Art.381 :erchandise that has not $een e/pressly stipulated
'he lia$ility of ris0 and venture will $e the shipper
'he da-age and i-pair-ent suffered $y the goods during
transportation1 due to fortuitous event1 force -a.eure1 or the
nature and inherent defect of the things? shall $e for the account
and ris0 of the shipper.
'he $urden of proof of these accidents is on the carrier.
Art. 382
'he carrier shall $e lia$le for da-ages arising fro- the cause
-entioned in the preceding articles if proofs against hi- show
that they occurred on account of his negligence pr his o-ission to
ta0e the precautions usually adopted $y careful persons.
"NLESS the shipper co--itted a fraud in the $ill of lading1
-a0ing hi- to $elieve that the goods were of a class or quality
different fro- what they really were.
*f the goods transported run the ris0 of $eing lost on account of
their $eing no ti-e for owners to dispose the-1 the carrier -ay
proceed to their sale1 placing the-1 for this purpose at the
disposal of the .udicial authority or of the officials provided for in
special provisions.
D,arrier is not relieved fro- lia$ility if i-proper pac0ing of goods
are apparent.
Art.383
'he carrier shall $e o$liged to deliver the goods transported in
the sa-e condition in which1 according to the $ill of lading1 they
were found at the ti-e they were found at the ti-e they were
received1 without any da-age or i-pair-ent.
*f not1 he shall o$liged to pay the goods not delivered at the point
where they should have $een delivered and at the ti-e the
delivery should have $een -ade.
*f parts of the goods are transported $e delivers1 the consignee
may refuse to recei4e it1 when he proves that he cannot -a0e
use of it without the others.
Art.385
((eferring to art.381) di-inution (di-inish) in the value of
goods. 'he o$ligation of the carrier shall $e reduced to the
pay-ent of the a-ount of said di-inution in value1 after
appraisal e/perts.
ABANDONMENT OF GOODS A!t "#$-"##%
Art. 38>.
)ue to the effect of the da-age
'he goods are rendered useless for sale or consu-ption for the
particular purposes for which they are to $e used1 the consignee
shall not be bound to recei4e them, and he may lea4e them in
the hands of the carrier, de-anding the pay-ent of their value at
the current -ar0et price on said day.
*f there should $e so-e in good condition1 and without any
defect whatsoever1 the foregoing shall $e applica$le with regard
to the da-aged ones1 and the consignee shall receive those
which are sound1 this segregation $eing -ade $y distinct and
separate pieces1 without dividing for such purpose one whole
article1 unless the consignee proves the i-possi$ility of
conveniently utili4ing the- in this for-.
*t shall $e applied also to goods in $ales and pac0ages1 with
distinction of those which appear sound.
Art.388
INTER-ISLAND
NO%ICE O( DA,AGE0
Ob&iou'(A))a!ent% Patent Da*age 6 the shipper must file
a clai- against the carrier immediately upon deli'ery 1it may
be oral and &ritten2. Condition pre!edent
+i,,en(Un'een% Latent Da*age 6 the shipper sould file a
clai- against the carrier &itin 34 ours from deli'ery.
DDD'he filing of notice of clai- is a condition precedent for
recovery.DDD
*f despite the notice of clai-1 te !arrier refuses to pay$
a!tion must be filed in !ourt.
1. )o bill of lading 3as issued < &itin 5 years
2. 2ill of lading 3as issued < &itin 67 years
OVERSEAS
Art.387
)ou$ts and disputes occur $etween consignee and carrier with
regard to the condition of the goods transported at the ti-e of
their delivery to the consignee.
7aid goods will $e e/a-ined $y the e/perts appointed $y the
parties1 in case of disagreement1 $y a third one to $e appointed
$y .udicial authority1 the result of the e/a-ination $eing reduced
in writing.
*f the person interested should not agree to the report of the
e/perts and do not settle their disputes1 said .udicial authority
shall order the deposit of the -erchandise in a safe warehouse1
and the parties interested shall -a0e use of their rights in the
proper -anner.
Art.382
,onsignation allowed 6 the depositing of the things due at the
disposal of .udicial authority1 after the consignee to who- tender
of pay-ent has $een -ade refuses without .ust cause to accept.
*t is the duty of the carrier to e/ercise due diligence to give the
consignor notice1 within a reasona$le ti-e1 of the consignee@s
failure or refusal to accept the goods.
Art.37A
)elay gives rise to da-ages
:ere delay in the delivery of goods $y a co--on carrier is a
$reach of the contract of carriage.
Art. 371 and Art. 372
the inde-nity for da-ages on account of delay -ay not e/ceed
the current price that the goods are transported would have on
the day and the place where the delivery would have $een -ade.